Open Records Laws › Tanzania

Tanzania

Access to Information Act

Access to Information Act, 2016 (Act No. 6 of 2016)

Open Records Transparency: 49/100 (moderate) Transparency Score: 49/100

RTI Rating: 73 (source)

Response Timeline

Initial Response
30 days
Residency Required
Citizen

30 calendar days from receipt of request. If additional information is needed to locate records, information holder has 14 days to request clarification, and the 30-day clock restarts when clarification is received. Information holder may defer access on public interest grounds or for administrative reasons until a specified event or time, with written notice required.

How to Submit a Request

Accepted Methods

  • In person — Hand delivery accepted
  • Mail — Postal delivery accepted
  • Email — Electronic transmission accepted
  • Oral — Permitted for persons unable to write due to illiteracy or disability

Requests must be in legible form capable of being used for subsequent reference. Oral requests permitted for those unable to write. Section 5(4) explicitly restricts requests to "a citizen of the United Republic" of Tanzania.

Required Elements

  • Name of requester
  • Address of requester
  • Sufficient details to identify the information sought

Fees

Section 21 permits charges for "actual costs for production of the requested information." However, there is no definition of what qualifies as actual costs, no free initial pages, and no central fee-setting mechanism. Individual authorities may determine costs independently.

Exemptions

  • Defence, Security, International Relations
    Information likely to undermine defence, national security, or international relations
  • Due Process and Safety
    Information likely to impede due process or endanger life or safety
  • Lawful Investigations
    Information likely to undermine lawful investigations
  • Crime Facilitation
    Information likely to facilitate the commission of a crime
  • Privacy
    Information likely to invade individual privacy (excluding the applicant)
  • Commercial and IP Interests
    Information likely to infringe commercial or intellectual property interests
  • Economic Management
    Information likely to harm government economic management
  • Pending Decision-Making
    Information likely to significantly undermine decision-making on pending matters
  • Legal Privilege
    Information likely to damage legal position or infringe professional privilege
  • Cabinet Records
    Information likely to undermine Cabinet records
  • Court Proceedings
    Information likely to distort or dramatize court proceedings records

All exemptions under Section 6(2) are discretionary and subject to a public interest test per Section 6(1)(b), which requires determining whether disclosure is "justified in the public interest." A limited override exists for commercial information under Section 6(4) regarding serious safety or environmental risks. However, RTI Rating notes that exemptions for professional privilege, Cabinet records, and national security are defined extremely broadly, reducing practical transparency. The Act includes a 30-year presumption of non-exemption (rather than the international standard of 20 years). No trump provision exists to ensure the RTI law overrides secrecy provisions in other legislation.

Appeal Process

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Critical weakness: No independent administrative body (information commission) exists to hear appeals, significantly limiting external oversight. Appeals go from internal review to ministerial review, with the Minister's decision being final. Judicial review is limited to cases involving bodies under ministerial authority and operates under standard court procedures without RTI-specific protections.

Sources & References